Second degree murder
R. v. Gauthier
Sentence and the Crown's position
Both are life sentences, so the bars compare how long before parole can be considered.
What the law allows
Francois Joseph Gauthier pleaded guilty to second degree murder for an execution-style shooting outside a restaurant in Coal Harbour, Vancouver, planned with GPS trackers, disguises and silenced firearms. The Crown and defence jointly proposed life imprisonment with parole ineligibility of 20 years. Associate Chief Justice Holmes accepted the joint submission, citing the early guilty plea and finding the proposed period consistent with the case law and not contrary to the public interest.
In the judge's words
1In my view, the sentence jointly proposed is in line with the expectations of reasonable and informed people aware of all the circumstances of the case, including the importance of certainty in plea discussions. It would not bring the administration of justice into disrepute, and it is not contrary to the public interest in any other way.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 20 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Barrenger
Defence: M. Shapray (as agent for R. Pillay), S. Dhaliwal
Sources
- R. v. Gauthier, 2022 BCSC 1417 Court decision, CanLII, June 28, 2022
The parties jointly submit that Mr. Gauthier should not be eligible to apply for parole for 20 years.
The parties jointly submit that Mr. Gauthier should not be eligible to apply for parole for 20 years.
[3] For second degree murder, the sentence must be imprisonment for life.
[2] Francois Joseph Gauthier has pleaded guilty to the second degree murder of
[33] In my view, the sentence jointly proposed is in line with the expectations of reasonable and informed people aware of all the circumstances of the case, including the importance of certainty in plea discussions. It would not bring the administration of justice into disrepute, and it is not contrary to the public interest in any other way.
[35] I sentence you, as I must, to imprisonment for life. … [36] You will not be eligible to apply for parole for a period of 20 years.
- R. v. Gauthier, 2022 BCSC 1417 Court decision, Courts of British Columbia